[HISTORY: Adopted by the Township Committee
of the Township of South Harrison as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-8-1983 by Ord. No. 05-83]
As used in this article, the following terms
shall have the meanings indicated:
Any place or premises wherein four or more automatic amusement
devices are maintained for use by the public.
Any machine which, upon the insertion of a coin, slug, token
plate or disk, may be operated by the public generally for use as
a game, entertainment, or amusement, whether or not registering a
score, including but not limited to such devices as marble machines,
pinball machines, skill ball, mechanical grab machines, and all games,
operations or transactions similar thereto under whatever name they
may be indicated. It shall include video-type games or machines or
similar devices that use a display screen for points, lines and dots
of light that can be manipulated to simulate games or other types
of entertainment. It shall not include nor shall this article apply
to music-playing devices.
Any person who supplies any automatic amusement device to
another for use in his or her premises, whether under lease or any
similar arrangement.
The entire premises within which the automatic amusement
device(s) are to be located, including without limitation all buildings,
auxiliary buildings, structures, appurtenant structure, walks, alleys,
drives and parking facilities owned or controlled by the operator
and/or owner-operator.
Any person who owns or controls premises or a location within
the Township of South Harrison in which any automatic amusement device
is displayed or kept for use or play by the public.
Any person, firm, corporation, partnership or association.
A.
The purpose of this article is to license, regulate
and control those automatic amusement devices which are operated for
the purpose of making a profit.
B.
The objective of this article is to regulate the business
of amusement devices so as to prevent nuisances to patrons and the
public, fire hazards from overcrowding, poor ingress and egress at
premises where amusement devices are located, the promotion of gambling,
loitering, or the creation of an unhealthy atmosphere for the youth
of the community or other foreseeable undesirable effects of such
devices.
C.
A further objective of this article is to distinguish
between the use of amusement devices incidental to primary, lawful
commercial uses within the Township and the primary use of amusement
devices which constitute an amusement parlor or arcade, the latter
requiring more stringent controls on location and use in order to
protect patrons, the public, and to ensure appropriate development
of land within the Township.
A.
License required. It shall be unlawful for any person,
persons, club, association, firms, corporations or other organizations
to maintain, use or have in his, her or its possession or display
or permit to be displayed in any public or quasi-public place or in
any building, store, or any other place wherein the public is invited
or may enter, within the Township, any automatic amusement device
without a license first obtained as hereinafter provided.
B.
Exemptions.
(1)
Notwithstanding anything contained in this section
to the contrary, there is hereby exempted from the aforementioned
licensing requirements all organizations, associations and corporations
not for profit, organized pursuant to the provisions of Title 15 of
the New Jersey Revised Statutes or otherwise, whose primary activity
is religious, educational, or fraternal; provided, however, that such
organizations, associations and corporations shall not maintain, place,
or install more than two automatic amusement devices in or about any
single premises or location.
(2)
No portion of this article shall apply to an individual
operating any type of automatic amusement device which operation is
confined to that individual's private dwelling for the amusement of
residents therein and not operated for profit.
A.
All applications for a license under this article
shall be made and delivered to the Municipal Clerk on forms to be
supplied for that purpose and shall be subscribed and sworn to by
the applicant.
B.
The application for the license shall contain the
following:
(1)
Name and address of the applicant.
(2)
Name under which the licensed premises is being operated
and the location of the licensed premises.
(3)
The type of ownership of the business, i.e., whether
individual, partnership, corporation, or otherwise.
(4)
The following personal information concerning each
stockholder holding 10% or more of the stock of the corporation, each
officer and each director, if the applicant is a corporation; and
concerning the partners, including limited partners, if the applicant
is a partnership; and concerning the manager or other person principally
in charge of the business premises:
(a)
Name, complete address and residence telephone numbers.
(b)
Written proof of age (copy of birth certificate.
(c)
Height, weight, sex and color of hair and eyes.
(d)
Whether or not the applicant has been previously licensed
by any public or governmental authority to maintain automatic amusement
devices for use by the public or has previously applied for such a
license, and whether or not such a license has been denied, revoked
or suspended and the reason therefor.
(e)
All criminal convictions, fully disclosing the offense
for which convicted, date and location of offense, and the circumstances
thereof.
(f)
A complete set of fingerprints, taken and to be retained
on file by the Police Chief or his authorized representative.
(g)
Such other information as may be required by the Police
Chief to discover the truth of the matters hereinbefore required to
be set forth in the application.
(h)
The names and addresses of three adult residents of
the County of Gloucester who will serve as character references.
(5)
Name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(6)
Number and type of machines sought to be licensed,
including description of each automatic amusement device sought to
be licensed and, for each such device, the name of the manufacturer,
model number and serial number.
(7)
Terms of agreement with distributor governing acquisition
and installation of said automatic amusement device.
(8)
Information identifying the tax plate, block and lot
number(s) of the premises to be licensed and information identifying
the zoning classification for the premises to be licensed.
(9)
A sketch or plan of the proposed licensed premises
which shall be attached to the application. This plan shall depict
the precise location of each amusement device sought to be operated.
(10)
The total number of square feet to which the applicant
customarily invites or permits the public to occupy and use, but shall
not include any area used for storage, office, kitchen, counter space,
walks, alleys, drives, parking facilities or such other areas to which
the public has no access.
(11)
If the applicant is a corporation, a corporate resolution
in proper form authorizing execution of a license application on behalf
of the corporation and the name and address of the registered agent
of the applicant or person upon whom service of process is authorized
to be made.
(12)
A written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and correct, said declaration being made before an individual
authorized to administer oaths within the State of New Jersey, which
individual shall affix his or her stamp or seal thereto.
A.
No license shall be granted for any premises where
no emergency fire exit is provided.
B.
No license shall be issued until the premises have
been inspected by the Township Fire Subcode Official, Township Building
Subcode Official, Township Zoning Administrator, and Police Department
in reference to safe use and occupancy of the structure, including
but not limited to requirements of the Fire Prevention Code.[1]
C.
No license shall be granted until all federal and
state laws and Township ordinances relating to the premises have been
complied with.
D.
No license shall be issued until the prescribed license
fee has been paid.
E.
No license shall be issued for any premises within
1,000 feet of any school, up to the 12th grade, or house of worship.
F.
No license shall be issued for any premises located
in a residence district as set forth in the South Harrison Township
Zoning Map.
A.
Net floor area limitation.
(1)
The number of automatic amusement devices that may
be located in any one location shall be governed by the physical space
available in any business location for the use of said devices. Not
more than one automatic amusement device shall be permitted for each
125 square feet of net floor area as defined herein.
(2)
"Net floor area" means the gross floor area of the
licensee's premises less deductions for counter space areas, storage
areas, shelving areas, aisle areas, bathrooms, areas of ingress and
egress, office space and other areas which are not intended or held
out for public use.
(3)
The Building Subcode Official shall determine the
maximum number of square feet of net floor area in each prospective
licensed premises subject to this article.
B.
Location within licensed premises.
(1)
Each device shall be located at least 10 feet from
the entranceway to the licensed premises and placed so that it does
not obstruct or interfere with the free and unfettered passage to
and from the premises of patrons or users of the premises.
(2)
Each device shall have an unobstructed perimeter zone
or distance of four feet around the sides of the three linear borders
of said device wherein the users of said device may use, watch or
wait to use said device. The area which is required hereunder for
each such machine shall not be encroached upon by the area of any
other machine. It is the intent of this article that for purposes
of preventing overcrowding and assuring safe passage of the general
public that each machine shall have its own unobstructed perimeter
zone.
A.
The fee for all applications for operator licenses
pursuant to this article shall be $250.
B.
The fee for each automatic amusement device license
shall be $150 per annum.
C.
The fee for transfer of a machine license shall be
$25 per automatic amusement device. The fee for transfer of an operator's
license from one location to another shall be $250.
D.
The fee for the license to operate an amusement parlor
shall be $3,000 per annum.
A.
Upon receipt of an application for a license under
this article and payment of the application fee, the Municipal Clerk
shall circulate copies of the application to the Police Chief, Fire
Subcode Official, Building Subcode Official and Zoning Administrator.
B.
Upon receipt of the application:
(1)
The Police Chief shall conduct an investigation into
the nature of the device(s) to be licensed and the personal information
pertaining to the applicant.
(2)
The Fire Protection Subcode Official shall inspect
the premises wherein the device(s) are proposed to be located to determine
whether said premises comply with existing Uniform Construction Code
regulations and the Uniform Fire Code.[1]
(3)
The Township Zoning Administrator shall certify the
location of the proposed licensed premises and the zoning requirements
pertaining thereto.
(4)
The Building Subcode Official shall analyze the floor
space and location requirements imposed by this article and structural
requirements of the Uniform Construction Code.
C.
Each of the foregoing Township officials shall issue
a written report to the Municipal Clerk advising of the results of
their investigation, inspection, and findings. The written report
shall be submitted to the Clerk within a reasonable time after the
date of receipt of a complete application.
D.
After receipt of written reports from the appropriate
Township officials, the Municipal Clerk shall have the power to issue
the license pursuant to this article if the application satisfies
all requirements. If such application does not satisfy the requirements
of this article or it is determined that the installation of a device
at a particular location violates this article or any statute, ordinance
or regulation, the Municipal Clerk shall deny the application and
specify the reason for denial, in writing.
E.
Upon the Municipal Clerk denying any application,
the unsuccessful applicant shall have the right to appeal such denial
to the Township Committee. Such appeal shall be filed within 45 days
of the date of denial of the application by the Municipal Clerk.
A.
License term. All licenses issued under this article
shall be for a term of one year, commencing on January 1 and expiring
on December 31 of the year of issuance.
B.
Transferability. A license may be transferred from
one automatic amusement device to another by the applicant filing
an amendment to the application with the Municipal Clerk requesting
permission to replace a licensed device with an unlicensed device.
The amended application shall describe the new device, including manufacturer,
model number and serial number. A license may be transferred from
one place to another by filing an amended application with the Municipal
Clerk requesting such transfer. The amended application must provide
the information regarding the new premises in sufficient detail so
as to satisfy all requirements imposed on an original application
for a particular premises.
C.
Renewal. Application for renewal shall be submitted
to the Municipal Clerk no later than November 1 of each year in order
to permit appropriate review of the application for renewal. Notice
of filing of an application for renewal pursuant to this article shall
be published on two occasions in the official newspaper of the Township
of South Harrison at least one week apart, the second publication
date to be not later than December 1 of each year. Should the Municipal
Clerk receive any written objections to renewal of the application
from any interested party or resident, the Municipal Clerk shall schedule
a special hearing to be conducted by the Township Committee for the
purpose of hearing any objections to the renewal. After conduct of
the hearing, the Township Committee shall decide whether to renew
the application or deny the application. The decision for approval
or disapproval shall be in writing and state the reasons therefor.
A.
Revocation of license. Anytime after the granting
of said license, the Municipal Clerk may, in the reasonable exercise
of his or her discretion, revoke the same, if after hearing he or
she finds:
(1)
Gambling on the premises.
(2)
False or incorrect material on the application or
information furnished by the applicant.
(3)
Failure to maintain good and safe conduct on the premises.
(4)
Violation of the laws of the State of New Jersey,
of this article or other ordinances of the Township of South Harrison.
(5)
The presence of the machines result in gambling, the
repeated use of obscene and loud language disturbing the public or
other patrons of the premises, creates a nuisance, excessive noise,
litter, traffic or rowdyism by patrons.
B.
Appeal. Any person whose operator's license, or amusement
parlor or arcade license, has been revoked may appeal the action taken
by the Municipal Clerk to the Township Committee for review. Such
appeal must be filed within 10 days of receipt of the Clerk's notice
of revocation.
C.
Posting and displaying. An operator's license granted
pursuant to this article shall:
All licensed premises shall comply with the
following rules and regulations:
A.
No operation of any automatic amusement device shall
be permitted between the hours of 11:00 p.m. and 9:00 a.m.
B.
No operator shall offer or permit to be offered any
prizes or awards whether in cash or otherwise, as an inducement to
the use of said machines.
C.
No operator shall permit any person using an automatic
amusement device to operate the same for any gambling purpose prohibited
by law. In the event it is determined judicially or by admission of
the operator that any automatic amusement device is being operated
as a gambling device, the machine may be confiscated and destroyed
or sold at public auction, and the license of the operator may be
revoked after a hearing.
D.
No operator shall permit any minor under the age of
16 years, unaccompanied by a parent, on the business premises when
school is in session nor to remain on the premises after 9:00 p.m.
[Amended 12-27-2000 by Ord. No. 0-00-04]
E.
No operation shall permit the noise level on any licensed
premises to interfere with the reasonable use of any adjacent structures.
F.
Every automatic amusement device required to be licensed
under this article shall have permanently affixed thereto an individual
identification number or serial number which shall not be transferable
from one machine to another. All such identification or serial number
shall be located on said machines immediately adjacent to the location
on such machines where the machine's license shall be displayed. The
identification number or serial number and license shall both be in
a position such that they may be readily reviewed and compared by
members of the public and enforcing officials. The operator shall
at all times maintain good order upon the licensed premises and shall
not permit, suffer or allow any disturbance, congestion or loitering
upon the licensed premises.
G.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazards.
H.
Every device shall at all times be in clear view upon
the premises wherein it is located.
I.
No operator shall refuse to cooperate fully with the
Police Department, Fire Department, Construction Code Officials, or
other Township officials, nor shall any operator refuse access to
the premises to the Police Department, Fire Department, Health Department,
or Construction Code Officials at any time during normal business
hours or at any other reasonable hour.
J.
The following additional requirements shall apply
to amusement parlors and arcades:
(1)
Parking facilities for bicycles shall be provided,
the number of parking spaces to be not less than three bicycle parking
spaces per automatic amusement device.
(2)
A uniformed security guard shall be employed by the
operator and shall be present on the licensed premises between the
hours of 6:00 p.m. and 11:00 p.m., inclusive.
(3)
No such premises shall be open for business on Sunday.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 11-15-2001 by Ord. No. 0-01-11]
A.
Under and subject to the terms, conditions and restrictions
of this article, N.J.S.A. 5:8-1 to 5:8-77 and the rules and regulations
adopted and promulgated or to be hereafter adopted and promulgated
by the Legalized Games of Chance Control Commission of the state or
its successor, by whatever name the same may be called, licenses shall
be issued in the Township to bona fide organizations or associations
as designated and described in such laws, which organizations or associations
have their principal place of business or building for the holding
of their meetings in the Township, provided all ordinances of the
Township, including the Land Use and Development Ordinance,[1] will be complied with.
B.
No person, organization, club, company or squad shall
conduct, operate, run, participate in or attend any unlicensed raffle
or bingo game in the Township.
A.
Raffles. License fees for raffles shall be $10 for
each day upon which is to be conducted a raffle, with respect to which
all tickets or rights to participate are sold only to persons present
at the time of the drawing or allotment of prizes, and $10 for each
$1,000 of the value of prizes, and in each raffle with respect to
which tickets or rights to participate may be sold in advance of the
occasion of the drawing or allotment of prizes.
B.
Bingo. License fees for bingo shall be $10 for each
occasion upon which any game is to be conducted under such license.
C.
All license fees shall become the property of the
Township.
No license shall be issued for a period of more
than one year or shall be required for the holding, operation and
conduct of any game of chance authorized by the state.
The Township Committee shall make an investigation
of the qualifications of each applicant and the merits of each application
as directed in N.J.S.A. 5:8-6, 5:8-27 and 5:8-53, and the Township
Committee is hereby charged with the duty and responsibility of making
an initial investigation of each application and reporting the result
thereof, in writing, to be filed with the Township Clerk/Administrator,
prior to the approval of the first license granted to any organization
qualified under this article.
No application for the issuance of a license
shall be refused by the Township until a hearing is held on due notice
to the applicant, at which the applicant shall be entitled to be heard
upon his or her qualifications and the merits of the application.
Each application shall be in such form as shall
be prescribed in the rules and regulations promulgated by the State
Control Commission.
The Township Committee shall have and exercise
control and supervision over all games of chance licensed pursuant
to this article, in accordance with the licensing laws.
A conviction resulting from violation of any
provision of this article shall also be a proper ground, in the discretion
of the licensing body, to suspend or revoke a license issued pursuant
to this article.
No person under the age of eighteen years shall
be permitted to participate in any game or games of chance held, operated
or conducted pursuant to any license issued by the Township.
No game or games of chance shall be held, operated
or conducted under any license issued by the Township oftener than
on six days in any calendar month.
No licensee authorized by law shall hold, operate
or conduct any game of chance at the place where the game of chance
is being conducted under any license granted hereunder except between
the hours of 12:00 noon and 12:00 midnight the same day, all at prevailing
time. No license shall be issued for the holding, operating or conducting
of said game of chance on Sunday, nor shall any license be issued
for the holding, operating or conducting of said game of chance at
any time during which a general, municipal, primary, special or board
of education election is being held, which the polls are open for
voting at such election.
The Township Clerk/Administrator shall, on or
before the first day of February in each year, or at any other time
which the Legalized Games of Chance Control Commission may determine,
make report to the Commission of the number of license issued in the
Township under each of the licensing laws and the names and addresses
of the licensees, the aggregate of the license fees collected, the
names and addresses of all persons detected in violation of each of
the laws or of the rules and regulations adopted by the State Control
Commission and of all persons prosecuted because of such violations
and the result of each such prosecution and the penalties imposed
during the preceding calendar year or the period for which the report
is required.
[Amended 8-9-2006 by Ord. No. 0-06-08]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code.
